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PEOPLE v. HARDY

32 A.D.3d 1317 (2006)

821 N.Y.S.2d 533

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. J.W. HARDY, II, Also Known as J.W. HARDY, JR., Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 29, 2006.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [1]). Defendant contends that his waiver of the right to appeal is invalid because he agreed to waive his right to appeal only if he was sentenced...

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